Simple Real Estate Purchase Agreement Template for Germany

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Key Requirements PROMPT example:

Simple Real Estate Purchase Agreement

"I need a Simple Real Estate Purchase Agreement for a residential apartment in Berlin, with completion planned for March 2025; the property is currently tenant-occupied and we need to include provisions for existing rental agreements."

Document background
The Simple Real Estate Purchase Agreement is a fundamental legal document used in German property transactions, essential for both private and commercial real estate transfers. This agreement must comply with German law, particularly the German Civil Code (BGB), and requires mandatory notarization to be legally valid. It is typically used when parties wish to document a straightforward property purchase without complex contingencies or unusual terms. The document covers all essential aspects of the transaction, including property description, purchase price, payment terms, warranties, and transfer of ownership procedures. It's designed to protect both buyers' and sellers' interests while ensuring compliance with German property law, land registry requirements, and tax regulations. The agreement serves as the basis for the property transfer process and subsequent registration in the German land registry (Grundbuch).
Suggested Sections

1. Parties: Identification and details of the seller(s) and buyer(s), including full legal names, addresses, and marital status where relevant

2. Background: Brief context of the transaction and confirmation that the seller is the registered owner of the property

3. Definitions: Key terms used throughout the agreement

4. Property Description: Detailed description of the property including land registry details (Grundbuch), parcel numbers, address, and size

5. Purchase Price: Specified purchase price, payment terms, and escrow arrangements

6. Due Diligence Results: Confirmation of property inspection and review of relevant documents

7. Transfer of Ownership: Terms for the Auflassung (conveyance of title) and registration in the land registry

8. Representations and Warranties: Seller's warranties about the property's condition, encumbrances, and legal status

9. Costs and Taxes: Allocation of transaction costs, including notary fees, transfer taxes, and registration fees

10. Possession and Risk Transfer: Date and conditions for transferring possession and associated risks

11. Governing Law: Confirmation of German law application and jurisdiction

Optional Sections

1. Mortgage and Encumbrances: Details of existing mortgages and process for discharge - include when property has existing mortgages

2. Tenant Provisions: Details of existing tenancies and their handling - include when property is currently leased

3. Property Management: Interim management arrangements between signing and completion - include for complex properties

4. Environmental Provisions: Specific clauses regarding environmental issues - include when property has known environmental concerns

5. Building Permits: Status of building permits and compliance - include for properties with recent construction or pending permits

6. Right of Withdrawal: Consumer protection withdrawal rights - include when seller is a business and buyer is a consumer

7. Broker Provisions: Details of broker involvement and commission - include when real estate agents are involved

Suggested Schedules

1. Land Registry Extract: Current extract from the Grundbuch showing ownership and encumbrances

2. Property Plans: Official cadastral plans and building plans

3. Inventory List: List of fixtures, fittings, and other items included in the sale

4. Due Diligence Reports: Technical, environmental, or structural surveys conducted

5. Energy Certificate: Energieausweis (Energy Performance Certificate)

6. Building Documentation: Relevant building permits, certificates, and maintenance records

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant Industries

Real Estate

Property Development

Construction

Banking & Finance

Legal Services

Property Management

Investment

Housing & Residential

Commercial Property

Urban Development

Relevant Teams

Legal

Real Estate

Property Management

Acquisitions

Investment

Compliance

Finance

Business Development

Operations

Risk Management

Relevant Roles

Real Estate Lawyer

Property Manager

Real Estate Agent

Property Developer

Investment Manager

Legal Counsel

Notary

Real Estate Investment Advisor

Property Acquisitions Manager

Real Estate Portfolio Manager

Compliance Officer

Real Estate Transaction Manager

Property Surveyor

Land Registry Officer

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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